PTAB Issues Final Written Decision Finding Mask Patent Claims Obvious

On January 11, 2019, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written decision in an inter partes review proceeding filed by Fisher & Paykel Healthcare Limited (“Petitioner”). IPR2017-01789 relates to the patentability of claims 1-22 of U.S. Patent No. 8,960,196 (“the ‘196 Patent”). The ‘196 Patent, which is owned by ResMed Limited, is drawn to a mask frame adapted to attach to a headgear connector.

In the IPR2017-01789 decision, the Board determined that the Petitioner had shown by a preponderance of the evidence that claims 1-22 of the ‘196 Patent are unpatentable as obvious over various patent references under 35 U.S.C § 103.

By:  April Breyer Menon

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